Possibilities to divorce

[Ben54321]

Hello everybody,

i would like to know, how fast you can do a canadian divorce, so you can marry again? How much time you have to wait from the day you want to "do" the divorce until you can marry someone else.

And what possibilities exist to divorce a marriage?

Thank you very much for your help!!!!!

Ben

 

[bobshynoswife]

In a best case scenario it takes about 8 weeks to obtain a divorce. HOWEVER, the divorce will not be granted unless you have been separated for a minimum of 1 year. You do need to prove the separation, so you can't fake the date.

Once you have been separated, you can start the divorce proceeding at any time, but the judge will not finalize it until the 1 year waiting period has elapsed.

There are special circumstances wherein you can obtain a divorce without the 1 year separation period, but there must be proof of abuse or adultry.

 

[bobshynoswife]

One more thing...once the judge grants the divorce, it becomes effective 30 days after, so it's really 13 months after separation that you would get the certificate that enables you to marry again.

 

[Ben54321]

Thank you very much for your fast response!

Would it not be a faster possibility, to committed adultery (have sexual intercourse with someone else) and to say my wife has not forgiven me?

How long does it take in these cases?

 

[javcil]

The 30-day waiting period can be waived if both parties agree and sign a waiver.

 

[Ben54321]

Thank you for your answer.

I'm not worried about the 30 days waiting period. But I would like to find a solution not to wait 12 months until I can marry again.

 

[javcil]

I applied for my divorce mid-August 2009, it was granted Nov. 3 2009. And this with kids involved and custody issues. It can certainly be done faster than 12 months, if you and your ex-spouse are fairly agreeable terms set out. I believe, if there are no kids involved, you can get the divorce without first drawing up a separation agreement (that was the longest part of the process for me). Not 100% sure about that though.

 

[bobshynoswife]

Ben, the problem with commiting adultry is that your WIFE would have to file for divorce, not you. If she has done nothing wrong (adultry, abusive, major addiction problem) you have no option other than waiting for 12 months after separation.

Sorry.

 

[Ben54321]

That would be no problem, my wife would claim that i had sex with other women. She wants the divorce as fast as possible, too.
So how long would i have to wait in this case and how long would the process take?

Javcil, did you life already one year seperated from her until mid August 2009?

Thank you very much again for your help!!!!

 

[ColorMePanda]

Am I the only one concerned here about the process and things you are willing to do to get a divorce?
Please do it the appropriate way. If that means you must wait then you must do so.

 

[Siouxie]

http://www.benmor.com/div.html gives you the answers you want

When can I ask for a divorce?

As soon as one of the following three circumstances has occurred: the other spouse has committed adultery, the other spouse has committed cruelty, or the spouses have separated. As soon as one of these circumstances has occurred, a spouse can commence an application for divorce.

If separation is used as the ground to obtain a divorce, the spouses need to have been separated for at least one year before a judge will grant a divorce judgment.

What is an uncontested divorce?

When the spouses have signed a separation agreement that has resolved all issues such as custody, access, support and property division, and they now both want to be divorced, then one of the spouses can commence a petition for divorce that consists of a request for a divorce only. One spouse has it served on the other spouse. If the other spouse agrees to a divorce, then he or she may choose not to contest the petition for divorce. That is why it is called an uncontested divorce.

How long does it take to get a divorce?

An uncontested divorce usually takes between eight to 16 weeks. A petition for divorce that is contested usually takes much longer. There are many factors that affect the length of time it takes to get divorced. Unless the reason for the divorce is adultery or cruelty, the spouses must have lived separate and apart for at least one year.

You may want to read the Divorce Act : http://laws.justice.gc.ca/en/showdoc/cs/D-3.4/20070408/ as well. Colluding with your wife in order to gain a divorce could cause you problems.

Definition of “collusion”

(4) In this section, “collusion” means an agreement or conspiracy to which an applicant for a divorce is either directly or indirectly a party for the purpose of subverting the administration of justice, and includes any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court, but does not include an agreement to the extent that it provides for separation between the parties, financial support, division of property or the custody of any child of the marriage.

R.S., 1985, c. 3 (2nd Supp.), s. 11; 1997, c. 1, s. 1.1.


There is a requirement that one party is resident in the province you are filing for divorce in for a period of 1 year to initiate divorce proceedings.

http://www.divorceonline.ca/divorcecanada.htm

The actual requirements (proof of adultery, filing requirements etc) will depend on the province you live in.

Google "divorce+province"

I do wonder what the hurry is though - and how long you (or your wife) has had their PR status for!

No offence meant...

 

[javcil]

RE: I do wonder what the hurry is though - and how long you (or your wife) has had their PR status for!

Oops ... I was going on the assumption the OP wanted to divorce a Canadian spouse and marry the person s/he was looking to sponsor!

 

[ColorMePanda]

I don't know, it just seemed like he already sponsored someone and already wants to sponsor someone else.
Or that he was sponsored, became a PR, got his legal status and now wants to sponsor someone.

If that isn't the case then I apologize but it does sound iffy.

 

[Ben54321]

Thank you Siouxie for the detailled answer.

I'm sorry that some people here think in this bad way about my questions. But sometimes what seems to be bad from outside has very honourable reasons!!! So as long as you don't know whats going on, you shouldn't judge at all about me and especially not on the basis of the questions I have.

I don't live and i have no intention to live in Canada in the future. And i have even less intention to smuggle someone to Canada as a sponsor or something like this.

I would be happy, if you just could help me, by answering my qestions. Because I'm not canadian and in my country the rules about marriage are very different.


My question still is, how long would a divorce cause of adultry need? Only the 8 to 16 weeks? And how exactly works the process.

 

[Siouxie]

The length of time it would take depends on several factors.. if you got married outside of Canada and reside outside of Canada you may need to obtain your divorce in the country you married and reside in.

If you spouse lives in Canada she may be able to obtain a divorce on the grounds of adultery or on the grounds of separation. If you have not lived together for a while, that time "may" count towards your separation.

You or she will need to research the provincial regulations to see which way is best for you both.

As to the process, if you google, as suggested, "divorce+province" (province being the province your spouse resides in) you will find links to the family law courts which will explain the full process in detail.

I apologise if I came across as judgemental, it wasn't my intention.